Health and Safety Law Reform: What it means for NZ employers

Published 9 April 2025 | 2 min read

Health and safety compliance in New Zealand has long been a source of stress for business leaders. Many directors feel trapped - unsure of their legal obligations, afraid of doing too little, and often doing too much.

That confusion has led to double-handling, ballooning paperwork, and compliance costs that hit smaller businesses the hardest.

It’s become harder to focus on what really matters: preventing harm at work.

When good intentions become overkill

For years, directors and managers have blurred the lines between governance and operations. In the name of diligence, directors have been stepping into day-to-day safety tasks, and managers have mirrored the same compliance behaviours, just to be safe.

As a result, many businesses especially small ones have over invested in tick-box systems while neglecting the practical controls that actually reduce harm.

Even worse, the lack of clear guidance on what is reasonably practicable has created a cottage industry of consultants, leaving some owners feeling like compliance is more about keeping up with paperwork than keeping people safe.

What do these H&S changes actually mean for NZ businesses?

The line between who governs health and safety and who manages it has blurred for years, leaving many employers overreaching and doubling up on compliance tasks.

Directors have worried they’ll be held personally liable, while operational managers have quietly wondered if they’re doing enough.

Now, with the government promising a clearer split in responsibilities and stronger guidance through industry-led Codes of Practice, we’re entering new territory.

These changes aren’t just technical they’ll reshape how New Zealand businesses structure safety systems, allocate duties, and prove they’re meeting their legal obligations without drowning in red tape.

Legislation employers will need to know

Here’s what’s changing and why you need to take note:

  • Governance vs management clarification: New legislation will spell out that governance sits with directors and boards, while day-to-day management of safety rests with operational leaders. This aims to reduce fear of personal liability and avoid duplication.
  • Safe harbours through ACOPs: If your business follows an Approved Code of Practice (ACOP), you’ll be deemed compliant. This provides clarity on what “reasonably practicable” means in real terms.
  • Reduced red tape for low-risk businesses: Small, low-risk New Zealand businesses (like a clothing shop) will no longer need to tick every box, just focus on the basics: first aid, emergency plans, and critical risks.
  • Less reporting, more action: You’ll only need to notify regulators of significant events like serious injury or death, rather than minor incidents, helping cut unnecessary admin.
  • Clearer boundaries between regulators: The government is reducing overlapping duties across regulatory systems to streamline risk management. 

Confidence and practicality for NZ employers

This reform isn’t about doing less, it’s about doing what works. The new approach gives managers the tools to manage risk effectively and empowers directors to steer the strategy without stepping into operations.

By anchoring compliance to sector-specific ACOPs, businesses can finally feel confident they’re meeting legal duties without second-guessing or outsourcing their judgement.

For New Zealand businesses, this shift marks a return to practical, worker-focused safety less fear, more focus, and a system that fits the real world of work.
 

Note: This information is based on official details from the NZ Government and is subject to change. Always refer to the latest guidelines for the most accurate information. Visit NZ Government here.

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